EPA v. RICHDALE DAIRY

Case summary

INSPECTED BY:EPA INSPECTION REASON:RANDOM INSPECTION DATES: 6/11/98 FFIF #:1065112-5 & -6 NO. OF VIOLATIONS:2 RANDOM INSPECTION ON 6/11/1998 FOUND TWO GRADES OF GASOLIN E AT RETAIL OUTLET FAILED TO MEET THE APPLICABLE RFG STANDAR D IN VOC CONTROL REGION 2 AREA WHERE THE MINIMUM VOC-EMISSIO NS PERFORMANCE REDUCTION IS 13.1%. EPA LABORATORY RESULTS OF A JUNE 11, 1998 EPA RANDOM INSPECT ION AT THE RICHDALE DAIRY STORE RETAIL FACILITY LOCATED IN M IDDLETON, MASSACHUSETTS SHOWED A VIOLATION UNDER THE RFG PRO GRAM IN THAT THE SAMPLES OF THE 89 AND 93 OCTANE GASOLINE BE ING SOLD ON JUNE 11, 1998 SHOWED A VOC EMISSIONS PERFORMANC E REDUCTION OF 5.21 PERCENT AND -32.17PERCENT RESPECTIVELY. THESE DOES NOT MEET THE VOC EMISSIONS PERFORMANCE REDUCTION REQUIREMENT OF 13.1 PERCENT FOR VOC-CONTROL REGION 2. THE D ELIVERY RECORDS PLAINLY SHOW THIS WAS A LOW TURNOVER VIOLATION. RESPONDENT SCHEDULES DELIVERIES AND WAS THUS UNABLE TO MEET THEIR DEFENSES. IN THE 6 WEEKS BEFORE THE START OF THE VOC SEASON (JUNE 1), THEIR 6,000 GALLON TANKS WERE REFILLED WHEN THEY WERE ONLY 2/3 EMPTY. THIS IS INSUFFICIENT TO ACHIEVE A TURNOVER OF PRODUCT BY JUNE 1. RESPONDENT UNDERSTANDS THAT THE APRIL AND MAY DELIVERIES MUST BE MADE TO A LOWER TANK V OLUME. IN ORDER TO PREVENT VIOLATIONS CAUSED IN THIS MANNER , RICHDALE WILL FOR EACH OF ITS GASOLINE STORAGE TANKS EACH YEAR: (1) THREE TIMES BETWEEN MAY 1 AND MAY 31 RICHDALE WILL REDUCE THE STORAGE TANK VOLUME TO THE MINIMUM PRACTICAL LEV EL AND TAKE DELIVERY OF VOC CONTROLLED GASOLINE INTO THE STO RAGE TANK, (2) THE TOTAL VOLUME OF VOC CONTROLLED GASOLINE D ELIVERED INTO THE STORAGE TANK OVER THE THREE DELIVERIES MUS T BE NO LESS THAN SIX TIMES THE VOLUME IN THE STORAGE TANK P RIOR TO THE FIRST DELIVERY. FOR EXAMPLE, IF 800 GALLONS IS THE VOLUME OF GASOLINE IN A STORAGE TANK BEFORE THE FIRST DELIVERY OF VOC CONTROLLED GASOLINE, THE TOTAL VOLUME OF VOC CONTROLLED GASOLINE OVER THE THREE DELIVERIES MUST BE AT LE AST 4,800 GALLONS (6 X 800 = 4,800), AND (3) RESPONDENT WILL RETAIN RECORDS OF THE INVENTORIES AND DELIVERIES AT ITS RET AIL OUTLET AND MAKE SUCH RECORDS AVAILABLE TO EPA OR ITS AUT HORIZED REPRESENTATIVES UPON REQUEST. VIOLATIONS ARE UNLIKE LY TO RE-OCCUR. SETTLEMENT RECOVERS ECONOMIC BENEFIT.

Defendants (1)

• RICHDALE DAIRY STORESNamed in complaintNamed in settlement

Facilities (1)

• RICHDALE DAIRY STORE

  27 MAIN ST, MIDDLETON, MA, 01949

  Registry ID: 110010730236

Statutes cited

• CAA 211 — Regulation of Fuels - Motor Vehicle and Engine Fuels

Enforcement conclusions (1)

• RICHDALE DAIRY STORESentered 2000-10-05

  Primary law: CAA

  Federal penalty: $4,000

Timeline (5 milestones)

• 1999-07-15Complaint Filed/Proposed Order
• 1999-10-20Enforcement Action Data Entered
• 2000-10-05Final Order Issued
• 2000-10-05Compliance Achieved
• 2000-10-05Enforcement Action Closed